(a)

The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which violation has been committed or shall exist, shall be punished by a fine not to exceed $200.00 for each offense. Each and every day that the violation continues shall constitute a separate offense.

(b)

In case any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any structure or land is used in violation of this regulation, the appropriate authorities, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance of use or to correct or abate the violation or to prevent the occupancy of the building, structure or land.

(Ord. No. 740, art. 15, § 5, 2-15-2001)

(a)

The mayor or city administrator shall appoint the zoning officer or shall assign the duties of the zoning officer to appropriate city personnel.

(b)

The zoning officer shall enforce this chapter through proper legal channels and refuse to issue any permit for any building or structure or the use of any premises which would violate any of the provisions of this chapter. In furtherance of his authority, the zoning officer shall:

(1)

Approve and issue, or deny issuance of, all building and occupancy certificates and make and maintain records thereof.

(2)

Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of the zoning regulations.

(3)

Receive, file and forward to the board of zoning appeals the records in all appeals and variances and to the planning commission all applications for special and conditional uses.

(4)

Maintain permanent and current records of the zoning regulations including, but not limited to, all zoning maps, amendments, special uses, conditional uses, variances, exceptions, appeals and applications therefor and records of hearing thereon.

(5)

Maintain for distribution to the public a supply of copies of the zoning map, the compiled text of the zoning regulations and the rules of the board of zoning appeals.

(Ord. No. 740, art. 15, §§ 1, 4, 2-15-2001)

Appeal from the decision of the zoning officer or other designated officer may be made to the board of zoning appeals in the manner provided in this chapter.

(Ord. No. 740, art. 15, § 4, 2-15-2001)

(a)

Required; exception. A building permit is required if any change in the use of the property is made, any alteration of the structural components is made, or any new construction, including water wells, and private water lines and sewer lines. A building permit is not required in A-1 zoned areas used only for agricultural purposes as provided by K.S.A. 12-715b. Unless a building permit shall first have been obtained from the office of the zoning officer the construction, building, moving, remodeling or reconstruction of any structure and the improvement of land preliminary to any use of the land shall not be commenced. Any building permit issued in conflict with the provisions of this section shall be null and void.

(b)

Application. Every application for a building permit shall include at least the following:

(1)

A plat or similar drawing showing the precise location and dimensions of the land as recorded by the county.

(2)

A plot plan drawn to scale and in the form as may, from time to time, be prescribed by the zoning officer, showing the location, ground area, height and bulk of all present and proposed structures, drives and parking lots, the building lines in relation to lot lines, waste disposal areas, the use to be made of the present and proposed structures on the land, and the other information as may be required by the zoning officer for the proper enforcement of this chapter.

(3)

Proof that the natural gas, electricity, water, cable and sewer utilities have been contacted and that the proposed construction or alternations shall not interfere with or cause any problems with the existing utility lines or easements.

(4)

The appropriate filing fee as set by the city council.

(c)

Issuance. A building permit shall be either issued or refused by the zoning officer within ten days after receipt of an application or within the further period as may be agreed to by the applicant.

(d)

Period of validity. A building permit shall become null and void six months after the date on which it is issued unless within the six-month period grading, construction, building, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.

(Ord. No. 740, art. 15, § 2, 2-15-2001)

State Law reference— Zoning of land outside city limits, K.S.A. 12-715b.

(a)

Required. No structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of the ordinance from which this chapter is derived shall be occupied or used for any purpose, and no land vacant on the effective date of the ordinance from which this chapter is derived shall be used for any purpose, and no use of any land or structure shall be changed to any other use, unless an occupancy certificate shall first have been obtained from the office of the zoning officer certifying that the proposed use or occupancy complies with all the provisions of this chapter.

(b)

Application. Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structures where no building permit is required shall be filed with the office of the zoning officer and be in the form and contain the information as the zoning officer shall provide by general rule.

(c)

Issuance. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within ten days after the receipt of an application therefor, or after the office of the zoning officer is notified in writing that the structures or premises are ready for occupancy. The following restrictions shall apply to issuance of occupancy certificates.

(1)

No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of the ordinance from which this chapter is derived shall be issued until the work has been completed and the premises inspected and certified by the office of the zoning officer to be in full and complete compliance with the plans and specifications upon which the building permit was issued.

(2)

No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the office of the zoning officer to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located.

(d)

Temporary certificates. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six months from its occupancy of the premises.

(e)

Exemptions. No occupancy certificate is required for A-1 zoned areas used only for agricultural purposes as provided in K.S.A. 12-715b.

(Ord. No. 740, art. 15, § 3, 2-15-2001)

The city has created a city planning commission as authorized by K.S.A. 12-744. The term "planning commission," as it appears in this article, means and refers to the city planning commission.

(Ord. No. 740, art. 3, § 1, 2-15-2001)

(a)

Number; residency requirements. The planning commission shall consist of five members appointed by the city council. Two members shall reside outside of, but within the zoned area outside the corporate limits of the city, and the three remaining members shall be residents of the city.

(b)

Terms; vacancies. Initially, the city shall name in the manner provided above, members to serve for terms of one year, two years and three years with terms being divided equally for the terms established. Thereafter, two members from within the corporate city limits and one member from outside the corporate city limits, but within the zoned area, shall be appointed for terms of three years, except that appointments made to fill a vacancy that occurs before the expiration of a member's term shall be for the remainder of that unexpired term only.

(c)

Compensation; expenses. Every member of the planning commission shall hold no salaried or elected office with the city government. Members shall serve without compensation, but they may be reimbursed for expenses incurred in the performance of assigned duties.

(Ord. No. 740, art. 3, § 2, 2-15-2001; Ord. No. 892, § 1, 1-12-2021)

The planning commission shall elect one member as chairperson, one member as vice-chairperson, and one as secretary. The terms of the office of chairperson or vice-chairperson shall be for one year or until the successor has been elected and qualified. Annual elections shall be held the first meeting of each calendar year. Officers shall assume their duties at the conclusion of that meeting.

(Ord. No. 740, art. 3, § 3, 2-15-2001)

The planning commission shall convene for regular meetings to be held not less frequently than once a quarter or as needed. Special meetings of the planning commission may be called by the chairperson or, in his absence, by the vice-chairperson. A quorum of the planning commission shall consist of a majority of the members.

(Ord. No. 740, art. 3, § 3, 2-15-2001)

(a)

Generally. The planning commission shall have the powers and duties as are authorized by state law and provided for in this section.

(b)

Comprehensive plans. As a primary function, the planning commission shall be responsible for the preparation, adoption and maintenance of long-range comprehensive plans to guide the future development of the land area. The general plans shall include a land use element and a circulation element and may include a parks and recreation element, a public facilities element, or other elements as deemed appropriate. The planning commission shall see that the comprehensive plans are altered as necessary to serve as a continuous guide to future long-range planning and that statements are prepared annually to show the recent and past growth, development trends and anticipated growth for the succeeding year, and the bearing of the trends upon the comprehensive plan.

(c)

Zoning and subdivision regulations. The planning commission shall cause zoning and subdivision regulations to be prepared, and it shall submit to the city council its recommendations relating to the zoning of lands and the control of subdivisions. The studies and recommendations shall take into account the existing zoning and subdivision regulations; the anticipated physical, economic and population trends; the distribution and density of population and proposed building intensities, as well as classes of uses to be authorized. Recommended development plans for public facilities, urban renewal, environmental sanitation, and area beautification may also be considered.

(Ord. No. 740, art. 3, § 4, 2-15-2001)

(a)

The city has created a board of zoning appeals. The board shall consist of three members, two of which reside within the city limits and one of which resides within the zoned area outside the corporate city limits. The board shall be appointed from members of the planning commission. None of the members shall hold any other public office of the city. The members shall be appointed for a term of three years.

(b)

In the event a member's term on the planning commission expires prior to the expiration of the term on the board and in the event the member is not reappointed on the planning commission, his position on the board shall become vacant simultaneously with the expiration of his appointment to the planning commission.

(Ord. No. 740, art. 12, § 1, 2-15-2001; Ord. No. 892, § 2, 1-12-2021)

A member of the board, once qualified, can thereafter be removed during the term of his office, only for cause and after public hearing. In the event of the death, resignation or removal of any the member before the expiration of the term, a successor shall be appointed by the mayor and confirmed by the city council to serve the unexpired term.

(Ord. No. 740, art. 12, § 1, 2-15-2001)

The board shall, at the first meeting held in each calendar year, elect a chairperson, a vice-chairperson and secretary. The secretary may be an officer or employee of the city. The chairperson, or in his absence, the vice-chairperson, shall preside at all meetings and shall decide all points of order or procedure.

(Ord. No. 740, art. 12, § 2, 2-15-2001)

(a)

Procedural rules; minutes and other records. The board shall adopt rules of procedure as may be necessary and proper to govern its own proceedings; the rules shall not be in conflict with other laws, regulations or ordinances. The board shall keep minutes of its proceedings, showing evidence presented, the findings of fact by the board, the decision of the board and the vote upon each question. Records of all official actions of the board shall be filed in the office of the city clerk and shall be public record.

(b)

Meetings. Meetings of the board shall be held at the call of the chairperson and at the other times as the board may determine.

(c)

Quorum. A majority of the board shall constitute a quorum for the transaction of business.

(d)

Voting. A concurring vote of a majority of the entire board shall be necessary to reverse any order, requirements, decision or determination of the zoning officer, or to decide in favor of the applicant upon any matter which it is required to pass under this chapter, or to affect any variation in the regulation.

(Ord. No. 740, art. 12, § 3, 2-15-2001)

The procedure for requesting a hearing before the board shall be as follows:

(1)

All applications to the board shall be in writing on forms provided by the board.

(2)

The board shall fix a reasonable time for the hearing of an application and notice of the time, place and subject of each hearing shall be published in the official newspaper (as designated by the city council) at least 20 days prior to the date fixed for the public hearing. A copy of the notice of public hearing shall be sent to each party to the appeal, and to the city planning commission, and to any property owners and residents within 200 feet of the boundary (1,000 feet outside the corporate city limits).

(3)

An application shall be accompanied by a filing fee as prescribed by separate ordinance.

(4)

In addition to the above requirements, certain applications require additional information as provided in sections 46-151 and 46-152.

(Ord. No. 740, art. 12, § 4(a), 2-15-2001)

(a)

Authority to decide. The board shall have authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the zoning officer in the enforcement of this chapter.

(b)

Who may bring appeal. Appeals to the board may be taken by any person aggrieved or by any officer of the city, or by any governmental agency or body affected by any decision of the zoning officer administering the provisions of this chapter.

(c)

Filing. The appeal shall be filed with the zoning officer within 14 days. The zoning officer shall forthwith transmit to the secretary of the board all papers constituting the record upon which the action appealed from is taken.

(d)

Stay of proceedings. Any appeal stays all proceedings in furtherance of the action appealed from, unless the zoning officer certifies to the board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.

(e)

Application. An application for an appeal shall be filed within 14 days after a ruling has been made by the zoning officer. A copy of the order, requirement, decision or determination of the zoning officer which the applicant believes to be in error shall be submitted with the application for appeal. A clear and accurate description of the proposed use, work or action in which the appeal is involved and a statement justifying the appellant's position. When necessary, a plot plan, drawn to scale, in duplicate, showing existing and proposed plans for the area in questions, shall be submitted.

(Ord. No. 740, art. 12, §§ 3(a), 4(b)(1), 2-15-2001)

(a)

Authority to grant. To authorize in specific cases a variance from the specific terms of this chapter which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, provided the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. The variance shall not permit any use not permitted by the zoning regulations in the district.

(b)

Application. The applicant must show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of this specific piece of property at the time of the effective date of the ordinance from which this chapter is derived, or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances that the strict application of the terms of the zoning regulations actually prohibit the use of this property in the manner similar to that of other property in the zoning district where it is located.

(c)

Grounds for granting. A request for a variance may be granted upon a finding by the board that all of the following conditions have been met:

(1)

The variance requested arises from the condition that is unique to the property in question and that is not ordinarily found in the same zone or district; and is not created by an action of the property owner or applicant;

(2)

The granting of the permit for the variance will not adversely affect the rights of adjacent property owners and residents within 200 feet of the property boundaries (1,000 feet outside the corporate city limits);

(3)

The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(4)

The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and

(5)

The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations.

The board shall make a determination on each condition and the finding shall be entered in the record.

(d)

Applicant's statement. The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested and outlining in detail the manner in which it is believed that this application will meet each of the five conditions set forth in subsections (c)(1) through (5) of this section.

(e)

Sketch. The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lots included in the application; the structures contemplated necessitating the variance requested. All appropriate dimensions and any other information which would be helpful to the board in consideration of the application should be included.

(Ord. No. 740, art. 12, §§ 3(b), 4(b)(2), 2-15-2001)

In exercising the foregoing powers, the board, in conformity with the provisions of this chapter, may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a building permit.

(Ord. No. 740, art. 12, § 3(c), 2-15-2001)

Any person, persons or department of the government, jointly or separately aggrieved by any decision of the board may present a petition to the district court having jurisdiction.

(Ord. No. 740, art. 12, § 5, 2-15-2001)

State Law reference— Municipal boards of zoning appeals, K.S.A. 12-759 et seq.

The city council may, by ordinance, supplement, change, revise or amend the provisions of this chapter and the district boundaries as approved by the planning commission.

(Ord. No. 740, art. 11, § 1(a), 2-15-2001)

Amendments may be initiated by the planning commission or upon application by the owner of the property affected. When the owner of the property affected initiates an amendment to the regulations or the district boundaries, an application for the amendment shall be obtained from the city clerk. The application shall be completed in its entirety and filed with the city clerk so that a public hearing date can be established. All the applications shall first be submitted to the planning commission for recommendation and report.

(Ord. No. 740, art. 11, § 1(b), (c), 2-15-2001)

If a proposed amendment is not a general revision of existing ordinances and will affect specific property, it shall be accompanied by an ownership list with the names and addresses of the owners of all property located within 200 feet of the boundaries of the property for which the zoning amendment is requested. If the property is located adjacent to or outside the city limits, the list must include owners of property in the unincorporated area within 1,000 feet of the property.

(Ord. No. 740, art. 11, § 1(d), 2-15-2001)

For the purposes of wholly or partially defraying the costs of the amendment proceedings, a fee as prescribed by the city council shall be paid upon the filing of each application for a change of district boundaries.

(Ord. No. 740, art. 11, § 1(e), 2-15-2001)

(a)

Public hearing required. The planning commission shall hold a public hearing on each proposed amendment that is referred to, filed with, or initiated by it.

(b)

Public notice. Public notice of a hearing on a proposed amendment shall be published once in the official city newspaper and at least 20 days shall elapse between the date of the publication and the date set for the hearing. The notice shall state the date, time and place of the hearing and shall contain a general statement regarding the proposed change in regulations or restrictions, or the zoning classification of any property, or the boundaries of any zoning district and contain the legal description and street address or general street location of the property, its present zoning classification, and the proposed classification.

(c)

Notice to affected property owners. When a proposed amendment is not a general revision of existing ordinances and will affect specific property, the city clerk shall mail a written notice regarding the public hearing to the owners in the ownership list. The written notice shall include the information required in the published notice. Failure to receive the notice shall not invalidate any subsequent action taken. The notice is sufficient to permit the planning commission to recommend amendments to these regulations which affect only a portion of the land described in the notice or which give all or any part of the land described a zoning classification of lesser change than that set forth in the notice, provided that recommending a zoning classification of lesser change than that set forth in the notice shall be valid without re-publication and, where necessary, remailing.

(d)

Request for reports. The planning commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the planning commission at least three days before the date set for the public hearing.

(e)

Conduct of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in the manner and according to the procedures as the planning commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, or by agent, representative or attorney.

(Ord. No. 740, art. 11, § 2, 2-15-2001)

(a)

Quorum. For action on zoning amendments, a quorum of the planning commission is more than one-half of all the members.

(b)

Recommendations. Upon the conclusion of the public hearing, the planning commission shall prepare and adopt its recommendations and shall submit the same, together with a record of the hearing thereon, to the city council. A vote either for or against an amendment by a majority of all of the planning commissioners present constitutes a recommendation of the planning commission; whereas a vote either for or against an amendment by less than a majority of all of the planning commissioners present constitutes a failure to recommend. If the planning commission is unable to arrive at a consensus, the planning commission shall so state to the city council and the city council may take the action as it deems appropriate.

(Ord. No. 740, art. 11, § 3, 2-15-2001)

(a)

Approval. When the planning commission submits a recommendation on an amendment, the city council, if it approves the recommendation, may either adopt the recommendation by ordinance, or take no further action, as appropriate. If the city council approves an application, it shall adopt an ordinance to that effect, but the request shall not become effective until its publication in the official city newspaper.

(b)

Disapproval. Upon receipt of a recommendation of the planning commission which the city council disapproves, the city council shall return the recommendation to the planning commission with a statement specifying the basis for disapproval and the recommendation shall be considered in like manner as that required for the original zoning recommendations returned to the planning commission.

(c)

Changes to official zoning map. If the amendment shall affect the boundaries of any zone or district, the ordinance shall describe the boundaries as amended, or if the city has made provision for the fixing of the same upon an official map which has been incorporated by reference, the amending ordinance shall order the official map to be changed to reflect the amendment and shall amend the section of the ordinance incorporating the same and reincorporate the map as amended.

(d)

Protest. If a written protest against a proposed amendment shall be filed in the office of the city clerk within 14 days after the date of the conclusion of the hearing on a proposed amendment, duly signed and acknowledged by the owners of 20 percent or more of the property proposed to be rezoned, or by the owners of 20 percent or more of the total area, excepting public streets and ways, that is located within 200 feet of the boundaries (1,000 feet outside the corporate city limits) of the property proposed to be rezoned, then the proposed amendment shall not be passed except by a three-fourths vote of the city council.

(Ord. No. 740, art. 11, §§ 4, 5, 2-15-2001)